Amarillo millionaire Marsh 3 named in second lawsuit alleging he paid teen for sex

Monday

Oct 29, 2012 at 4:19 PM

Jim McBride

A Houston law firm filed a second civil lawsuit Monday against Stanley Marsh 3, alleging Marsh 3 paid a 16-year-old to engage in sex acts with him at his Amarillo office and gave the teen Viagra so he could perform sexually for the Amarillo millionaire.

The suit said Marsh 3 paid Doe 2, a black teen, for various sex acts at Marsh 3's Chase Tower office and in one instance at Marsh 3's Toad Hall home at 801 N. Western St.

The lawsuit alleges Marsh 3 paid the teen a sum of money to [filtered word] in front of the Amarillo millionaire and watch pornographic movies.

Marsh 3, the suit said, knew the teen was 16 at the time and alleges that Marsh 3 made Doe 2 take Viagra so that he "could sexually perform at Marsh 3's whim."

The suit further claims that at least one sexual session with John Doe 2 occurred at the Marsh 3 family home, the suit said, and Marsh 3's wife showed the teen into a bedroom where Marsh 3 was waiting for him.

Last week, an Amarillo woman sued Marsh 3 in Potter County, alleging the Amarillo millionaire gave her teenage son cash, vehicles and drugs to engage in sexual acts with Marsh 3 at his downtown Amarillo office.

Kelly Utsinger, an Amarillo attorney representing the Marshes and Weir, said Monday his clients plan to contest the suit in court. Attempts to reach Amarillo Protective Services and McCartt & Associates for comment were unsuccessful Monday.

"After many years of trial experience, I've found that it's best not to form conclusions based on allegations contained in pleadings, but instead to reserve judgment until the evidence is fully developed in the courtroom," Utsinger said. "As before, my typical practice is not to discuss pending litigation, but we will be filing responsive pleadings to deny the allegations."

The suit said another of Marsh 3's alleged victims reported the abuse to Amarillo police in the summer of 2012. Police, the suit said, contacted John Doe 2, who reported "Marsh 3's abuse of him as well."

The suit claims Marsh 3 targeted young men who abused drugs and alcohol and who were known to have had troubles with law enforcement.

Amarillo Police Cpl. Jerry Neufeld, said Monday the police department cannot confirm or deny anyone is a suspect until a criminal complaint is filed.

The suit seeks unspecified damages from the defendants and alleges Marsh 3 knowingly committed sexual abuse and sexual battery on the teen over the course of a year and that Marsh 3 caused severe emotional distress to the teen. The suit further alleges SM3, Barb Wire, Weir, Marsh IV, Amarillo Protective Services and McCartt & Associates breached a duty of ordinary care by failing to prevent the abuse.

This is the second civil lawsuit filed against Marsh 3 less than a week.

In a suit filed Wednesday, another Amarillo teen's mother alleged that in 2010 and 2011, the 74-year-old Marsh 3 performed sex acts on the teen, then 15 and 16, and engaged in various sexual acts with him in Chase Tower offices.

In November 2011, a judge granted Wendy Marsh guardianship of her husband after he was hospitalized in Dallas and suffered a series of strokes during a six-week period.

An Amarillo native and millionaire, Marsh 3 gained national attention for burying 10 Cadillacs just west of the city limits in 1974 to prove the theory that the best art is unexpected art. Members of Marsh 3's Dynamite Museum have created hundreds of faux street signs emblazoned with whimsical phrases or commentary. He also previously owned KVII television station.

Marsh 3 has faced legal action before:

¦ In 1996, three indictments charged Marsh 3 with indecency with a child / sexual contact. Those criminal charges eventually were dismissed.

¦ In 1996, a youth claiming to be a victim of sexual contact of Marsh 3, agreed to drop a civil suit after Marsh 3 paid him money to do so, Houston attorney Dick DeGuerin said then. Marsh 3 admitted no wrongdoing in the settlement, his attorney said.

¦ In 1998, Marsh 3 paid a $4,000 fine and served community service after pleading no contest to misdemeanor criminal charges of unlawful restraint and criminal trespass after he was accused of putting Ben Whittenburg, a teen when the event occurred and a member of a prominent Amarillo family, in a chicken coop for allegedly stealing one of the art signs.

¦ In 2001, parties involved in four civil lawsuits, including allegations stemming from the Whittenburg case, agreed to settle the cases. The allegations in those civil cases included imprisonment, sexual misconduct and harassment of teens. Marsh 3 apologized but no other details were made public.

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